Brownlee

Brownlee v. Burleson

Good Law
263 F. App'x 558
United States Court of Appeals for the Ninth CircuitJanuary 10, 2008No. 07-16262California303 words

Opinion

lead Opinion

MEMORANDUM **

On June 14, 2007, appellant Terrence Brownlee filed a motion in district court to set aside the court’s September 29, 2006 judgment, 2006 WL 2846961 , granting summary judgment in favor of appellees, which the district court denied on June 22, 2007, 2007 WL 1813546 . This appeal from the district court’s June 22, 2007 order concerns only whether the district court abused its discretion by denying the motion to set aside the judgment and does not extend to the merits of the underlying grant of summary judgment. See Molloy v. Wilson, 878 F.2d 313, 315 (9th Cir.1989). This court issued an order requiring appellant to show cause why the appeal should not be summarily affirmed.

A review of the record and appellant’s response to the order to show cause indicates that the questions raised in this appeal are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir.1982) (per curiam) (stating standard). We con-elude the district court did not abuse its discretion denying the motion to set aside judgment, because appellant’s contentions regarding appellees’ statements of fact failed to show fraud, misrepresentation or…

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